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FinancingDeed_of_trust_vs_mortgageHARD

A Missouri real estate exam prep instructor is explaining the non-judicial trustee's sale foreclosure process to students. She describes several steps that are required under Missouri law. Which of the following steps is EXCEPT — meaning it is NOT required in Missouri's non-judicial deed of trust foreclosure process?

Correct Answer

C) Filing a lawsuit in circuit court and obtaining a judge's order authorizing the sale

Filing a lawsuit in circuit court and obtaining a judge's order is NOT required in Missouri's non-judicial deed of trust foreclosure process. This is precisely what makes Missouri's trustee's sale process 'non-judicial'—no court involvement is necessary. Under RSMo §§ 443.290–443.430, the trustee can proceed to sale after proper notice without any court filing or judicial authorization. Requiring a court order would describe a judicial foreclosure process, which is not Missouri's standard method for deed of trust foreclosures.

Answer Options
A
Publishing notice of the trustee's sale in a newspaper of general circulation for 20 consecutive days
B
Having the trustee conduct a public sale of the property to the highest bidder
C
Filing a lawsuit in circuit court and obtaining a judge's order authorizing the sale
D
Providing the borrower with notice of the default and intent to foreclose

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non_judicial_foreclosuretrustees_sale_processcourt_filingreverse_question
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